Magistrates You should have read and précised chapter 17 of the English Legal System by Jacqueline Martin.

Who are lay people? People without legal training, e.g. –Magistrates –Jurors –Lay members of tribunals Why do lay people have such an important role in the English Legal System?

Magistrates Appropximately 29,000 sitting as part time judges. Sit to hear cases as a bench of 3 magistrates. District Judges (Magistrates’ Courts) are qualified lawyers who hear cases on their own.

Qualifications Age… –18-65 on appointment. Residence… –expected to live or work within local justice area to which they are allocated. Six key qualities…

Six Key Qualities… Good character Understanding and communication Social awareness Maturity and sound temperament Sound judgment Commitment and reliability

Restrictions on Appointment as a Magistrate Known criminals need not apply – True/False? People who owe money – True/False? People declared bankrupt – True/False? Police Officers/Traffic Wardens –True/False? Deaf people – True/False? Teachers – True/False?

Appointment Advertisements… local radio, newspapers, magazines, on buses etc. Local Advisory Committees: –Members usually current/ex-magistrates –12 members (mix of magistrates and non- magistrates) –Half members retire in rotation every 3 years

Appointment Selection process: –First interview… 6 key qualities/attitudes on criminal justice issues –Second interview… test judicial aptitude with discussion of case studies Local Advisory Committees recommend suitable candidates to Lord Chancellor Lord Chancellor appoints new Magistrates

Training Framework of training covers 4 areas of competence: –Managing yourself –Working as a team member –Making judicial decisions –Managing judicial decision-making Produce a flow-chart of the stages of training.

Justice’s Clerk Every bench of Magistrates is assisted by a clerk. What are the clerk’s duties? Can the clerk assist the magistrates in their decision-making?

Role and Duties They sit for a minimum of 26 half days each year. Magistrates deal mainly with criminal trials and issues around criminal cases. However, Magistrates do have a civil jurisdiction as well. Produce a list of Magistrates criminal and civil duties

Retirement and Removal Retirement age… 70 – Placed on the Supplemental List – Can carry out some administrative functions Removal… s11 of the Courts Act 2003: Lord Chancellor can remove for – –Incapacity or misbehaviour –Persistent failure to meet standards of competence –Declining or neglecting to take a proper part in the exercise of his functions

Advantages and Disadvantages Working in pairs establish a list of the advantages and disadvantages of having Magistrates. Create a group mindmap for advantages and a mindmap for disadvantages.